General Terms
Last Updated: March 1, 2023
These DIYBook Gift Card Terms and Conditions (“Terms and Conditions”) apply in addition to the Terms of Use and Privacy Policy set forth on the DIYBook Site, which are expressly incorporated herein. For purposes of these Terms and Conditions, including the arbitration provision set forth below, the term “DIYBook” shall be interpreted broadly and encompass any of its predecessors, successors, assigns, parents, subsidiaries, affiliates, and each of their respective officers, directors, shareholders, members, managers, employees, and agents.
IMPORTANT: THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND DIYBOOK ARE EACH GIVING UP THE RIGHT TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Nonreturnable; not for resale.
Notwithstanding anything contained in these Terms and Conditions, DIYBook Gift Cards (“DIYBook Gift Cards”) are not returnable or refundable for cash except in states where required by law. Resale of DIYBook Gift Cards is strictly prohibited.
Liability.
The balance on any Gift Card is solely the liability of DIYBook LLC.
Acceptance locations.
Unless other restrictions apply, DIYBook Gift Cards may be only be used on a DIYBook Site. DIYBook Gift Cards may be used as personal or business gifts.
No affiliation with DIYBook.
Use of DIYBook’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of DIYBook Gift Cards is strictly prohibited. Furthermore, the use of DIYBook Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, DIYBook or any of its subsidiaries or affiliates is prohibited.
Compliance with laws.
By purchasing DIYBook Gift Cards, you are certifying and representing to DIYBook that the activities in connection with which the DIYBook Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the DIYBook Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or DIYBook. In addition, you agree to defend and indemnify DIYBook LLC and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the DIYBook Gift Cards or violation of any of these Terms and Conditions.
Lost or Stolen Gift Card.
Lost or stolen cards will not be replaced. DIYBook shall have NO liability to you for (i) lost or stolen DIYBook Gift Cards or (ii) use of any DIYBook Gift Cards by third parties through your DIYBook account. You are solely responsible for keeping the password for your DIYBook account safe and for any activity conducted under your account.
No Consolidation for New DIYBook Gift Card.
You may not consolidate or combine multiple DIYBook Gift Cards to purchase a new DIYBook Gift Card. DIYBook does not consolidate or combine multiple gift cards into one gift card per customer requests.
DIYBook Gift Cards Expire If Not Used In Five Years.
Lost or stolen cards will not be replaced.
Disputes & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. This arbitration provision provides that you and DIYBook waive any right to file a lawsuit in court or participate in a class action for matters within its terms.
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND DIYBOOK (INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY DIYBOOK), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL, SINGLE ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT DIYBOOK AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. “DISPUTE” SHALL BE INTERPRETED AS BROADLY AS PERMITTED UNDER THE LAW AND SHALL COVER ANY CLAIMS THAT AROSE BEFORE THESE OR ANY PRIOR TERMS AND CONDITIONS. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; AS SET FORTH BELOW, CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at https://www.jamsadr.com/rules-streamlined-arbitration/. The Minimum Standards are available at https://www.jamsadr.com/consumer-minimum-standards/. The parties further agree that any fees or expenses to JAMS or the arbitrator will be split. In the event of any conflict between the JAMS Rules and these Terms and Conditions, these Terms and Conditions shall control.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held in Westchester County, New York. The arbitrator will follow these Terms and Conditions and his or her award will be final and binding. Notwithstanding any of the foregoing, nothing in these Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT, OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER DIYBOOK CUSTOMERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY ON FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF PARAGRAPH IS AN ESSENTIAL PART OF THIS ARBITRATION PROVISION AND CANNOT BE SEVERED FROM IT. THE REMAINING PORTIONS OF THIS ARBITRATION PROVISION ARE NOT ESSENTIAL PARTS OF THIS ARBITRATION PROVISION AND CAN BE SEVERED FROM IT BY A COURT OF COMPETENT JURISDICTION. NOTWITHSTANDING THE FOREGOING, IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED, THEN THE PARTIES AGREE THAT THIS ARBITRATION PROVISION SHALL SURVIVE AND ANY CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.
This arbitration provision shall survive any termination of these Terms and Conditions. Any amendments to this arbitration provision shall not affect any pending asserted claim or arbitration proceeding.
Applicable Law
The law applicable to the interpretation and construction of these Terms and Conditions in any arbitration shall be the laws of the State of New York without regard to principles of conflicts of laws. If any dispute is found not to be arbitrable, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated.
Updates to Terms and Conditions
These DIYBook Gift Card Terms and Conditions were last updated on the date set forth above. DIYBook may update these Terms and Conditions at any time. We recommend that you check these Terms and Conditions periodically for changes. In the event of a conflict between these Terms and Conditions and the DIYBook Terms of Use, these Terms and Conditions will govern.